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28 U.S.C. § 2462 — Time for commencing proceedings
Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided by Act of Congress, an action, suit or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, shall not be entertained unless commenced within five years from the date when the claim first accrued if, within the same period, the offender or the property is found within the United States in order that proper service may be made thereon.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2462
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Stable record: federal_law:legal_authorities:record_usc_fc580817ab5764ecb0aba529
Source file: Laws/federal/codes/united-states-code/title-28/section-2462-time-for-commencing-proceedings--a427a59463.md
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Source location: Title 28, Chapter 163, § 2462; chapter-163-fines-penalties-and-forfeitures.md
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Except as otherwise provided by Act of Congress, an action, suit or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, shall not be entertained unless commenced within five years from the date when the claim first accrued if, within the same period, the offender or the property is found within the United States in order that proper service may be made thereon.
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Federal law — U.S. Code and appendices · legal_authorities
(1) For period of limitation in respect of civil actions for fines, penalties, and forfeitures, see [section 2462 of Title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2462&num=0&edition=prelim) of the United States Code.
(2) For extensions of time by reason of armed service in a combat zone, see section 7508.
(3) For suspension of running of statute until 3 years after termination of hostilities, see [section 3287 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3287&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 6533
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Order to comply with SIP** — Whenever, on the basis of any information available to the Administrator, the Administrator finds that any person has violated or is in violation of any requirement or prohibition of an applicable implementation plan or permit, the Administrator shall notify the person and the State in which the plan applies of such finding. At any time after the expiration of 30 days following the date on which such notice of a violation is issued, the Administrator may, without regard to the period of violation (subject to [section 2462 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2462&num=0&edition=prelim))—
(A) issue an order requiring such person to comply with the requirements or prohibitions of such plan or permit,
(B) issue an administrative penalty order in accordance with subsection (d), or
(C) bring a civil action in accordance with subsection (b).
(2) **State failure to enforce SIP or permit program** — Whenever, on the basis of information available to the Administrator, the Administrator finds that violations of an applicable implementation plan or an approved permit program under subchapter V are so widespread that such violations appear to result from a failure of the State in which the plan or permit program applies to enforce the plan or permit program effectively, the Administrator shall so notify the State. In the case of a permit program, the notice shall be made in accordance with subchapter V. If the Administrator finds such failure extends beyond the 30th day after such notice (90 days in the case of such permit program), the Administrator shall give public notice of such finding. During the period beginning with such public notice and ending when such Sta
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7413
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Penalty.—**
(1) Subject to [section 21304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21304&num=0&edition=prelim), a person violating chapter 211 of this title, including section 21103 (as such section was in effect on the day before the date of enactment of the Rail Safety Improvement Act of 2008), or violating any provision of a waiver applicable to that person that has been granted under [section 21108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21108&num=0&edition=prelim), is liable to the United States Government for a civil penalty. An act by an individual that causes a railroad carrier to be in violation is a violation. For a violation of [section 21106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section21106&num=0&edition=prelim), a separate violation occurs for each day a facility is not in compliance.
(2) The Secretary of Transportation imposes a civil penalty under this subsection. The amount of the penalty shall be at least $500 but not more than $25,000. However, when a grossly negligent violation or a pattern of repeated violations has caused an imminent hazard of death or injury to individuals, or has caused death or injury, the amount may be not more than $100,000.
(3) The Secretary may compromise the amount of the civil penalty under [section 3711 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3711&num=0&edition=prelim). In determining the amount of a compromise, the Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay,
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 21303
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Federal law — U.S. Code and appendices · legal_authorities
Page 612
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2462
‘‘(A) the head of an agency shall adjust civil mon-
etary penalties through an interim final rule-
making; and
‘‘(B) the adjustment shall take effect not later
than August 1, 2016.
‘‘(2) SUBSEQUENT ADJUSTMENTS.—For the second ad-
justment made under subsection (a) after the date of
enactment of the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015, and each
adjustment thereafter, the head of an agency shall
adjust civil monetary penalties and shall make the
adjustment notwithstanding section 553 of title 5,
United States Code.
‘‘(c) EXCEPTION.—For the first adjustment made
under subsection (a) after the date of enactment of the
Federal Civil Penalties Inflation Adjustment Act Im-
provements Act of 2015, the head of an agency may ad-
just the amount of a civil monetary penalty by less
than the otherwise required amount if—
‘‘(1) the head of the agency, after publishing a no-
tice of proposed rulemaking and providing an oppor-
tunity for comment, determines in a final rule that—
‘‘(A) increasing the civil monetary penalty by the
otherwise required amount will have a negative
economic impact; or
‘‘(B) the social costs of increasing the civil mone-
tary penalty by the otherwise required amount out-
weigh the benefits; and
‘‘(2) the Director of the Office of Management and
Budget concurs with the determination of the head of
the agency under paragraph (1).
‘‘(d) OTHER ADJUSTMENTS MADE.—If a civil monetary
penalty subject to a cost-of-living adjustment under
this Act is, during the 12 months preceding a required
cost-of-living adjustment, increased by an amount
greater than the amount of the adjustment required
under subsection (a), the head of the agency is not re-
quir
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2462
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